Articles
<![CDATA[Law Enforcement In The Judge's Verdict Against Narcotics Abuse For Yourself ]]>
<![CDATA[Puji Andrayani]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 2, No 2 (2020): June 2020 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.2.2.232-240
<![CDATA[The crime of narcotics abuse is an extraordinary crime, because the impact is very detrimental not only to the user but also the community, so that every crime must be punished, and the law in this case Act No. 35 of 2009 must be upheld. This study aims to identify and describe law enforcement in the judge's decision on the crime of narcotics abusers for oneself from a justice perspective. This study uses a normative juridical approach to analysis descriptive. The data used is secondary data obtained through library research, which is then analyzed qualitatively. The results of this study are that law enforcement in the judge's decision on the crime of narcotics abusers for themselves in the perspective of justice is based on the judge's consideration in determining the severity or lightness of the punishment imposed on the defendant according to the principle of balance between guilt and illegal acts. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not. Narcotics abusers themselves must be viewed as victims, so they must be rehabilitated. Supreme Court Circular No. 4/2010 is used as a reference for judges to determine whether a person is an individual abuser or not.]]>
<![CDATA[Child Position Analysis As A Criminal Actor Of Homosexual In Juvenile Criminal Justice System ]]>
<![CDATA[Cucuk Kristiono]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.3.666-674
<![CDATA[The purpose of this study is to formulate government policies in handling children who commit crimes through the Juvenile Criminal Justice System. This study uses a normative juridical method with a library study data collection method. The results of this study indicate that the formulation policy of the Garut Police Criminal Law enforcement through the Garut District Court Decision Number 10/Pen.Pid.Sus-Anak/2018/PN Grt against children as perpetrators of homosexual crimes turns out to be treated the same as children who commit other conventional crimes such as theft. , persecution, fights and others. The decision from the court is that rehabilitation should be carried out, the handling of which is only handed over to Islamic boarding schools, meaning that there is no special treatment in rehabilitating children who commit homosexual crimes. Whereas homosexual perpetrators are deviant behavior and must get special treatment especially if they are still children with the hope of recovering, of course it is greater in the form of integrated treatment not only from the spiritual aspect, there must be treatment from the medical and psychological aspects, so that the goals of rehabilitation will be more maximally achieved. . Suggestions related to the findings of this research is the need to include articles in Act No. 11 of 2012 to regulate more specifically in the implementation of the rehabilitation of children as perpetrators of homosexual crimes.]]>
<![CDATA[Juridical Analysis Of The Effectiveness Of Termination Of Prosecutions Based On Restorative Justice ]]>
<![CDATA[Oki Bogitama]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.307-314
<![CDATA[The purpose of this research is to find out and analyze the effectiveness of stopping prosecutions based on restorative justice. To find out and analyze the process of discontinuing prosecution for termination based on restorative justice in terms of the principles of restorative justice. The approach method used in this research is a sociological juridical method (Sociological Research).Based on the results of this study it was concluded that effectiveness of the termination of prosecution based on Restorative Justice is carried out by taking into account the interests of the victims and other protected legal interests; avoidance of negative stigma; avoidance of retaliation; community response and harmony; and propriety, decency, and public order. The process of discontinuing prosecution based on restorative justice has met the requirements of the principle of restorative justice, namely that the Public Prosecutor offers peace efforts to Victims and Suspects. The Public Prosecutor shall summon the Victim legally and appropriately by stating the reason for the summons. In the event that it is deemed necessary, peace efforts may involve the families of the Victim/Suspect, community leaders or representatives, and other related parties. The Public Prosecutor shall notify the aims and objectives as well as the rights and obligations of the Victims and Suspects in peace efforts, including the right to refuse peace efforts. In the event that the peace effort is accepted by the Victim and the Suspect, the peace process will be continued.]]>
<![CDATA[The Juridical Overview Of Customary Land Registration ]]>
<![CDATA[Intan Haryanti]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 2 (2021): June 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.2.272-282
<![CDATA[Indonesia in Article 18 B paragraph 2 states that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with community development and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law. This study aims to 1). Describe the Land Registration Policy in the current era; 2). Describe the legal policy of ulayat land registration. This type of research is a doctrinal research with a juridical approach that uses secondary data as the main data source. The current land registration policy is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL) which targets 126 million parcels of certified land throughout Indonesia by 2025. Policy on ulayat land registration Referring to PP No. 27 of 1999 concerning registration, it does not make ulayat land as land that can be issued a certificate, even though providing legal guarantees and protection for ulayat land is a mandate of the 1945 Constitution of the Republic of Indonesia and the UUPA. Therefore, the government can issue a Certificate of Customary Land through a Regional Regulation as the output of the Customary Land Registration.]]>
<![CDATA[Role of Political Parties in Public Policy Decision ]]>
<![CDATA[Chaerul Umam]]>;
<![CDATA[Widayati Widayati]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.154-161
<![CDATA[This research aims to analyze the ability of the role of political parties in determining public policies, and also to analyze suitable solutions to be implemented. This research approach method uses normative juridical. The specification of this research uses qualitative analytical descriptive, and the source material uses primary and secondary legal materials, and uses the theory of democracy, the theory of rule of law, the theory of political parties, and the theory of public policy. Based on the research, it can be concluded that the problem arises with the existence of party power that is too strong in all elements, for example in parliament where there is a recall right from a political party which is not based on the cadre's performance in parliament but based on the policy the cadre takes is not a party policy. Improving the internal system is a step that must be taken to improve the party system, because like the explanation in the third discussion that the strengthening of political party internal regulations should make the democratic system run better, the fact is that research on political party regulations is quite good, but it is necessary. There is an emphasis and realization of these regulations that are often not carried out by the parties themselves.]]>
<![CDATA[State Implementation of Welfare Law on Implementation of Human Rights in Local Governments ]]>
<![CDATA[Agus Hamzah]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 3, No 1 (2021): March 2021 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.3.1.100-105
<![CDATA[The purpose of this study is to determine the indicators of the realization of the welfare state law through development program documents. The approach method used is normative juridical. The conclusion of this research is that the welfare law state is often referred to as a modern law state in a material sense in the sense that the state or government is not merely the guardian of security or public order, but is the main bearer of the responsibility to realize social justice, public welfare, and as much prosperity people. As the social contract theory put forward by John Locke, and also Rousseau, which states, that the state obtains power from citizens as the holder of sovereignty solely to respect, protect and fulfill the human rights of citizens, implemented according to the Basic Law, the embodiment of the welfare state stated in the preamble to the 1945 Constitution, namely protecting the entire Indonesian nation and all Indonesian bloodshed and to promote public welfare, educate the nation's life and participate in implementing world order, This national goal contains the vision of the Indonesian people in the field of human rights and subsequently brought down in the vision and mission stated in the Regional Long-Term Development Plan (RPJPD) and the Regional Medium-Term Development Plan (RPJMD) which contain the vision and mission which can be an indicator of the realization of a welfare state law.]]>
<![CDATA[Legal Analysis of the Participation of the Prosecutor Agency in Eradication of Narcotics Crime ]]>
<![CDATA[Henry Elenmoris Tewernussa]]>;
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.446-453
<![CDATA[The purpose of this study is to examine and analyze the juridical implications of the role of the Prosecutor's Office in the eradication of narcotics. In this paper, the writer uses the normative juridical method with the specifications of analytical descriptive writing. Article 1 paragraph (3) of Act No. 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia states that the action of the public prosecutor is to delegate the case to the competent district court in matters and according to the method stipulated in the criminal procedure law with a request to be examined and decided by a judge at court. The public prosecutor is a prosecutor who is authorized by law to carry out prosecutions and carry out judges' decisions. A prosecutor at the High Prosecutor's Office or at the Attorney General's Office can sue a person if he or she is first appointed to the District Attorney's Office in whose jurisdiction the offense is committed.]]>
<![CDATA[The Capture Process in the Crime of Murder by A Special Team ]]>
<![CDATA[Eka Rinda Wanto]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[Siti Rodhiyah Dwi Istinah]]>
<![CDATA[ Law Development Journal Vol 4, No 2 (2022): June 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.2.%p
<![CDATA[The aims of this paper are as follows: To find out and analyze the process of arrest in the crime of murder by a special team. To find out and analyze the obstacles and solutions in the arrest process in the crime of murder by a special team. This study uses a sociological juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data obtained through literature study which is then analyzed qualitatively. The results of this study are the process of arresting in the crime of murder by a special team is: Arresting the perpetrator if the perpetrator is still within the reach of investigators to be arrested immediately. Closing the scene of the incident to anyone whose presence there is not required to save the victim, to save people's assets or for the purposes of investigation and investigation with the intention that the place of the incident of the case remains in its original state to facilitate the process of investigation and investigation. Finding, rescuing, collecting, and retrieving evidence and traces that can help investigators to obtain clues about the identity of the perpetrator, about the methods and tools used to commit the crime, as well as to determine where the crime scene occurred. Finding witnesses who are expected to help investigators to solve problems in the crime incident. The obstacle: Changes in the authenticity of the place that occurred at the scene of the case. Lack of experience of investigators in conducting investigations. The absence of completeness of equipment at the time of investigations. Investigators' efforts in overcoming the lack of completeness of tools to conduct investigations. Investigators' efforts to overcome the unavailability of a database on fingerprinting.]]>
<![CDATA[The Criminological Ideas in the Criminal Enforcement of Illegal Logging ]]>
<![CDATA[Dodyx Bremiardika]]>;
<![CDATA[Rakhmat Bowo Suharto]]>;
<![CDATA[R. Sugiharto Sugiharto]]>
<![CDATA[ Law Development Journal Vol 4, No 3 (2022): September 2022 ]]>
Publisher : <![CDATA[Universitas Islam Sultan Agung ]]>
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DOI: 10.30659/ldj.4.3.454-460
<![CDATA[The purpose of this paper is to examine and analyze the Criminology review of the factors that cause the occurrence of illegal logging crimes. In this paper, the author uses a normative juridical method. In the conclusion of the discussion that the factors of the occurrence of illegal logging in the perspective of criminology, namely first, the legal factor itself, the better a legal regulation, the more likely it is to enforce it. Both factors are law enforcement, law enforcement is strongly influenced by law enforcement officials. If a regulation is good but the quality and quantity of law enforcement apparatus is low, then the desired law will not be realized. Third, cultural factors play an important role in the occurrence of illegal logging. Illegal logging perpetrators commit these crimes because there are cultural demands that require them. Indonesia has hundreds of tribes and cultures in which the interior is very diverse. Fourth, Community factors can also affect law enforcement itself, because law enforcement comes from the community and aims to achieve peace in society. In this case what is important is the legal awareness of the community, the higher the legal awareness of the community, the better law enforcement.]]>
